Merger Doctrine

163 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Askren v. 21ST St. INN & Third Sav. & Loan Co.
  988 F.2d 38· 7th Cir.· 1993-02-04
  A seller waives their implied vendor's lien when they accept a promissory note as security for the purchase price.
• In re GHR Energy Corp. v. Transamerican Natural Gas Corp.
  972 F.2d 96· 5th Cir.· 1992-08-27
  The court held that overriding royalty interests carved out of a leasehold estate are extinguished upon the termination of that leasehold, absent express contractual provisions to the contrary. The court also held that acquiring a fee interest does not automatically convert these
• Vereyken v. Annie's Place, Inc.
  964 F.2d 593· 6th Cir.· 1992-05-21
  Federal tax liens attach to a land contract vendee's equitable interest, not the vendor's legal title, and forfeiture of the vendee's interest does not automatically grant the federal lien priority over the vendor's legal title.
• Wallace v. State
  573 So. 2d 1010· Fla. 4th DCA· 1991-01-30
  Florida appellate court affirmed murder and attempted robbery convictions but reversed the firearm possession conviction as a lesser-included offense of attempted robbery under pre-Carawan law.
• Contella v. Contella
  559 So. 2d 1217· Fla. 5th DCA· 1990-03-22
  Contella appeals the trial court's order dissolving an irrevocable spendthrift trust and appointing a receiver to sell its assets. The court reverses, holding that the doctrine of merger did not apply because Contella's legal and equitable interests in the trust were not coextens
• Dukes v. State
  539 So. 2d 1197· Fla. 4th DCA· 1989-03-29
• Morton H. Zalutsky v. Epstein
  820 F.2d 1089· 9th Cir.· 1987-06-29
• Puretest ICE Cream, Inc. v. Kraft, Inc.
  806 F.2d 323· 1st Cir.· 1986-12-04
  The court held that an oral promise of indefinite duration is terminable at will under Indiana law, and a written contract provision did not create ambiguity preventing termination. An implied covenant of good faith does not alter this rule for indefinite contracts.
• Ariz. Props. Mktg. Co., Inc. v. Allen
  392 So. 2d 1359· Fla. 1st DCA· 1981-01-16
  Arizona Properties Marketing Company sought to levy on the Allens' Florida homestead property to satisfy a general judgment from Arizona. The court held that while the trial court properly recognized the Arizona judgment under full faith and credit, it erred in applying the doctr
• Rosalina R. Miraya and Matilda A. Pons v. Bichachi Originals, Inc.
  356 So. 2d 879· Fla. 3d DCA· 1978-03-21
  Purchasers appealed dismissal of their complaint seeking rescission of a real estate transaction, alleging the seller failed to provide promised inspection certificates. The court affirmed dismissal of the rescission claim but reversed the dismissal with prejudice, allowing the p
• Bostic v. Amoco OIL Co.
  553 F.2d 329· 4th Cir.· 1977-03-18
  The court held that the conveyance was the result of mutual mistake, not attributable to Amoco's fault, and that Bostic's own lack of understanding and his attorney's deficiencies caused the error.
• Kennedy v. Smith
  463 F.2d 659· 7th Cir.· 1972-03-21
  The court held that the landlord failed to sustain his lien and lost his statutory right to the corn because he did not enforce it within the proper time limit and because the division was made pursuant to his own explicit instructions.
• Zenobia Perkins v. United States
  237 F.2d 857· 9th Cir.· 1956-10-22
  The court held that the evidence supported the jury's verdict of larceny and that the trial court had jurisdiction to try the defendant for a misdemeanor even if the facts also supported a felony charge.